How to Subpoena Phone Records After a Distracted Driving Wreck in Tempe
Proving that the other driver was distracted at the time of a crash can make or break your case—especially in Arizona, where comparative fault rules apply. Texting, scrolling social media, and even hands-free calls can delay reaction times enough to cause serious collisions on Tempe’s busy streets.
But unless the other driver admits to it, distracted driving can be hard to prove. That’s where phone records come into play. If you suspect the at-fault driver was using their phone when they hit you, it’s possible to subpoena their phone data during the legal process.
The Tempe car accident attorney team outlines what you need to know about this process, when it’s appropriate, and how it may impact your claim.
Why Phone Use at the Time of the Crash Matters
In collisions where fault is disputed, showing that the other driver was distracted can shift liability significantly. Even if the driver had the right-of-way, using a phone at the time of impact could demonstrate negligence—particularly in complex crashes like T-bone accidents or multi-vehicle pileups.
Phone use can be relevant in many types of claims:
Rear-end collisions where the driver never braked
Crashes in school zones or pedestrian areas like Meyer Park
Highway crashes involving lane drifting or delayed response
Hit-and-run collisions where the driver may have been unaware of impact due to distraction
When the driver won’t admit to using their phone, obtaining their mobile data may be one of the few ways to prove they were at fault.
What Phone Records Can Show
Phone records obtained through a subpoena can provide key insights about driver activity. These may include:
Timestamps for outgoing and incoming calls
Details of text messages sent or received
Data usage indicating active apps (social media, GPS, etc.)
Duration of calls at or near the time of the crash
While these records don’t show exactly what the person was doing, they offer a timeline of activity that can be matched against the time of the collision. This is especially useful in distracted driving cases where timing is everything.
In some cases, forensic analysts can go further and extract logs from the device itself, showing app usage or screen interaction. This deeper level of data is typically only used in more serious claims or those involving traumatic brain injuries, fatalities, or commercial vehicles.
When Can You Request Phone Records?
Phone records are considered private information. You can’t access them simply because you were in a crash. To obtain them, you generally need to file a lawsuit and then issue a subpoena during discovery.
This means that if your case is still in the insurance claims stage, phone data won’t be accessible—unless law enforcement has already gathered it as part of their investigation. However, if the claim escalates and the insurer refuses to accept liability, filing a lawsuit may allow your team to request those records formally.
Timing is critical. Carriers typically retain metadata (call logs, texts, timestamps) for a limited time—often 6 to 12 months. Delaying action may result in that evidence being lost.
How the Subpoena Process Works in Arizona
If your Tempe crash case progresses into litigation, your legal team can serve a subpoena duces tecum on the other party’s mobile carrier. This is a legal order requiring them to produce specific records related to the time of the crash.
This process typically involves:
Identifying the date and time range for the incident
Narrowing the request to relevant information (e.g., text and call logs)
Ensuring the request complies with privacy laws and court procedures
Notifying the opposing party and their attorney
If the court grants the request and the records are produced, they can be analyzed and used as evidence to establish distraction.
Keep in mind that some defense attorneys will fight these requests, arguing they are invasive or irrelevant. That’s why it’s important to have a clear reason for requesting the records and to support the request with other facts, such as witness statements or collision timing.
What If the Driver Was Using a Work Phone?
If the at-fault driver was operating a commercial vehicle or driving for work—like a food delivery service or a company contractor—the employer may be involved. In these cases, records from the work-issued phone may be discoverable, and you may also be able to pursue a claim against the employer under negligent supervision.
Tempe collisions involving commercial drivers, rideshare accidents, or uninsured drivers often involve more complicated evidence chains. That’s why it’s important to act quickly and document everything while details are still fresh.
Do Phone Records Guarantee You’ll Win?
No, but they can significantly strengthen your case—especially when supported by other documentation like:
Crash scene photos and vehicle damage
Skid marks or lack of braking
Witness statements
Police reports noting distraction
Your own medical records and documentation of injury
Even if the phone logs don’t show an exact text at the moment of impact, activity within a minute or two of the crash may be enough to raise serious questions about attentiveness. This can influence settlement negotiations, jury perceptions, or an insurer’s willingness to contest liability.
Final Thoughts
Distracted driving is one of the leading causes of car accidents in Tempe—and proving it takes more than suspicion. Subpoenaing phone records is a powerful tool, but it’s not something that happens automatically. It requires a formal legal process and careful justification.
If you’ve been injured in a crash and suspect the other driver was distracted, don’t wait. Timing matters. Evidence can disappear, memories fade, and phone logs aren’t stored forever.
By pursuing the right evidence early, you give your case the strongest foundation possible—even when the other driver refuses to admit they were looking down at their screen instead of the road ahead.
